1975-01-18 CITY COUNCIL SPECIAL MEETING MINUTES177
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON
JANUARY 18, 1975, AT 8:30 P. M— IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor Carlton McComb
Councilman
Cecil W. Griffin
Councilman
Harry Farley
Councilman
Gene E. Sanders
Councilman
Tom Reid
Councilman
Benny J. Frank
City Manager
William E. Wolff
City Attorney
Bobby J. Williams
City Secretary
Dorothy L. Cook
PURPOSE OF THE MEETING:
1. RESOLUTION NO. 75-2, A RESOLUTION ACCEPTING FINANCIAL ADVISORY
CONTRACT WITH THOMAS W. MASTERSON.
2. RESOLUTION NO. 75-3, A RESOLUTION CALLING A BOND ELECTION.
RESOLUTION NO. 75-2, A RESOLUTION ACCEPTING FINANCIAL ADVISORY CONTRACT WITH THOMAS
W. MASTERSON:
This item to be placed on the next regular agenda after corrections made.
RESOLUTION NO. 75-3, A RESOLUTION CALLING' -A -BOND ELECTION:
Resolution No. 75-3, Resolution Calling Bond Election (the "Resolution") was duly
introduced for the consideration of the City Council and reviewed in full. It was
then duly moved by Councilman Sanders, seconded by Councilman Griffin that the Resolution
be passed as read with the addition of the word "SOLID" in PROPOSITION 6, PAGE 4 -
the word "Solid" to appear in the Resolution, PROPOSITION 6 as follows:.."FOR THE
PURPOSE OF CONSTRUCTING PERMANENT SOLID WASTE DISPOSAL FACILITIES".., and the addition
of the word "SOLID" in PROPOSITION 6, PAGE 5 - as follows: "PROPOSITION 6
[ ] FOR ) THE ISSUANCE OF $100,000 SOLID WASTE
---- DISPOSAL FACILITIES BONDS"
[ ] AGAINST )
The motion, carrying with it the passage of the Resolution, prevailed and carried by the
following vote:
AYES: Councilman Frank, Councilman Reid, Councilman Griffin, Councilman Sanders, and
Councilman Farley.
NOES: None
MOTION PASSED 5 to 0.
The Mayor thereupon announced that the Resolution had been duly and lawfully adopted.
178
NOTICE OF BOND ELECTION
TO THE QUALIFIED RESIDENT ELECTORS OF THE CITY OF PEARLAND, TEXAS, WHO OWN TAXABLE PROPERTY
WITHIN THE CITY AND WHO HAVE RENDERED THE SAME FOR TAXATION; AND
TO THE QUALIFIED RESIDENT ELECTORS OF THE CITY OF PEARLAND, TEXAS:
NOTICE IS HEREBY GIVEN that an election will be held in the CITY OF PEARLAND, TEXAS, ON the
15th day.of February, 1975, in accordance with the following Resolution:
Resolution No. 75-3
RESOLUTION CALLING BOND ELECTION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA
AND HARRIS
CITY OF PEARLAND
WHEREAS, the City Council (the "City Council") deems it necessary to call the
election hereinafter described;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT:
Section 1. An election shall be held in the CITY OF PEARLAND on February 15,
1975; the present boundaries of the City are here byestablished as and shall constitute
one election precinct; the polls shall be open for voting from 7:00 A. M. to 7:00
P. M. at the following polling place and the following are hereby appointed officers
to conduct the election at said polling place:
POLLING PLACE
DRAMA ROOM
Pearland High School
2337 North Galveston Avenue
Pearland, Texas .
ELECTION OFFICERS:
Howard Suttle Presiding Judge
Alma Nolen Alternate Presiding Judge
Maximum number of clerks: 3
The presiding judge shall appoint not less than two or more than the maximum number
of election clerks specified above to serve at the polling place under his jurisdiction.
Dorothy L. Cook is hereby appointed as the clerk and Dorothy Thompson and Mabel Salyer
the assistant clerks for absentee voting, and the:
OFFICE OF THE CITY SECRETARY
CITY HALL
2335 North Texas Avenue
Pearland, Texas 77581
is hereby designated as the place for absentee xoting for said election, During the lawful
absentee voting period said clerks shall keep said place of absentee voting open for
absentee voting from 8:00 a. m. to 5:00 p. m. on each day except Saturdays, Sundays, and
officialstateholidays.
By approving and signing this resolution the Mayor of the City officially confirms
his appointment of the aforesaid election officers to serve at the election; and by
adopting this resolution the City Council approves and concurs in the appointment of the
aforesaid election officers.
Section 2. At said election the following PROPOSITIONS shall be submitted in
accordance with law:
PROPOSITION 1
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO
ISSUE BONDS OF THE CITY IN THE AMOUNT OF $150,000 MATURING SERIALLY OR OTHERWISE
OVER A PERIOD OF NOT TO EXCEED 40 YEARS FROM THEIR DATE OR DATES AT ANY PRICE OR PRICES
AND BEARING INTEREST AT ANY RATE OR RATES NOTTOEXCEED THE MAXIMUM INTEREST RATE NOW
OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE
CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS AND EXTENSIONS
TO THE CITY'S SANITARY SEWER SYSTEM, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY
WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO
CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES?
PROPOSITION 2
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO
ISSUE THE BONDS OF THE CITY IN THE AMOUNT OF $200,000 MATURING SERIALLY OR OTHERWISE
OVER A PERIOD OF NOT TO EXCEED 40 YEARS FROM THEIR DATE OR DATES, AT ANY PRICE OR
PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST
RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION
OF THE CITY COUNCIL, FOR THE PURPOSE OF ACQUIRING LAND FOR PARK PURPOSES, AND TO LEVY
AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE
INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE
PRINCIPAL OF SAID BONDS AT IT MATURES?
PROPOSITION 3
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO
ISSUE THE BONDS OF THE CITY IN THE AMOUNT OF $100,000 MATURING SERIALLY OR OTHERWISE
OVER A PERIOD OF NOT TO EXCEED 40 YEARS FROM THEIR DATE OR DATES, AT ANY PRICE OR
PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED"THE MAXIMUM INTEREST
RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION
OF THE CITY COUNCIL, FOR THE PURPOSE OF IMPROVING LAND FOR PARK PURPOSES, AND TO LEVY
AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON
SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL
OF SAID 'BDNDS AT IT MATURES?
PROPOSITION 4
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, (THE "CITY"), BE AUTHORIZED TO
__ISSUE THE BONDS OF THE CITY IN THE AMOUNT OF $250,000 MATURING SERIALLY OR OTHERWISE
OVER A PERIOD OF NOT TO EXCEED 40 YEP.It3FROM THEIR DATE OR DATES, AT ANY PRICE OR
PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST
RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION
OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING A CITY JaAtL, BUILDING, AND TO
LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST
ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE
PRINCIPAL OF SAID BONDS AS IT MATURES?
PROPOSITION 5
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, (THE "CITY"), BE AUTHORIZED TO
ISSUE BONDS OF THE CITY IN THE AMOUNT OF $200,000 MATURING SERIALLY OR OTHERWISE OVER
A PERIOD OF NOT TO EXCEED 40 YEARS FROM THEIR DATE OR DATES, AT ANY PRICE OR PRICES AND
BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR
HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY
COUNCIL, FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS AND EXTENSIONS TO THE
CITY'S WATERWORKS SYSTEM, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN
THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND
PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES?
PROPOSITION 6
SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, (THE "CITY"), BE AUTHORIZED TO
ISSUE THE BONDS OF THE CITY IN THE AMOUNT OF $100,000 MATURING SERIALLY OR OTHERWISE
OVER A PERIOD OF NOT TO EXCEED 40 YEARS FROM THEIR DATE OR DATES, AT ANY PRICE
OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST
RATE NOW OR HEREAFTER AUTHORIZED BY :LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION
OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING PERMANENT SOLID WASTE DISPOSAL
FACILITIES, INCLUDING THE ACQUISTION OF THE NECESSARY SITES THEREFOR AND TO LEVY AN
ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON
SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL
OF SAID BONDS AS IT MATURES?
Section 3. Voting machines shall be used for said election , except that paper
ballots shall be used for absentee voting, and the official ballots for the election shall
be prepared in accordance with the Texas Election Code so as to permit the electors to
vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, which shall be set forth on all
official ballots in substantially the following form:
OFFICIAL BALLOT
PROPOSITION 1
[ ] FOR ) THE ISSUANCE OF $150,000 SANITARY
--------------SEWER SYSTEM
,[ ] AGAINST ) BONDS
PROPOSITION 2
[ ] FOR ) THE ISSUANCE OF $200,000`
--------------PARK LAND ACQUISITION
[ ] AGAINST ) BONDS
PROPOSITION 3
[ ] FOR ) THE ISSUANCE OF
--------------$100,000 PARK LAND
[ ] AGAINST ) IMPROVEMENT BONDS
PROPOSITION 4
[ ] FOR ) THE ISSUANCE OF
--------------$250,000 CITY HALL
[ ] AGAINST ) BUILDING BONDS
in
PROPOSITION 5
[ ] FOR ) THE ISSUANCE OF
---------------$200,000 WATERWORKS
[ ] AGAINST ) SYSTEM BONDS
PROPOSITION 6
1 ] FOR ) THE ISSUANCE OF
---------------$100,000 SOLID WASTE DISPOSAL
[ ] AGAINST ) FACILITIES BONDS
Each elector using voting machines and desiring to vote in favor of a proposition shall
move the voting pointer so as to indicate "FOR" the proposition, and each elector desiring
to vote against a proposition shall move the voting pointer so as to indicate "AGAINST"
the proposition. Each absentte elector using a paper ballot shall vote on each
proposition by placing an "X" or other clear mark in the square beside the statement
indicating the way such elector wishes to vote on the proposition.
r^— Section 4. It is hereby officially found and determined that certain decisions
of the Supreme Court of the United State of America may have created uncertainty as to
the lawful manner of calling and conducting said election; therefore, said election
shall be called, held, and conducted as two separate but simultaneous elections, to -wit:
one election at which only the resident, qualified electors of the City who own
taxable property within the City and who have rendered the same for taxation shall be
entitled to vote on the PROPOSITIONS and another election at which all other resident,
qualified electors of the City shall be entitled to vote on the PROPOSITIONS. The votes
cast at each of said separate but simultaneous elections shall be recorded, returned,
and canvassed separately.
Section 5. Notice of the election shall be given by posting a substantial copy
of this resolution in a public place within the City and also at the City Hall not less than
fifteen days prior to the date set for the election, and by publication thereof on the j
same day in each of two successive weeks in The News, the duly designated official newspaper q
of the City and which is printed and published in the City of Friendswood, Texas, and is
of general circulation in the City of Pearland, there being no`-. newspaper printed and
published in the City of Pearland, the date of the first publication to be not less
than fourteen days prior to the date set for the election.
Section 6. This resolution was read once by the City Council and shall take
effect immediately.
182
Section 7. It is hereby officially found and determined that the need of the
City for such financing creates an emergency and an urgent public necessity for the
holding, at the scheduled time, of the meeting of the City Council at which this
resolution is adopted and for the adoption of this resolution; and the NOTICE OF MEETING
relating to said meeting and heretofore posted by the City Secretary, and the posting
thereof, are hereby authorized, approved, adopted and ratified.
PASSED AND APPROVED this 18th day of January, 1975.
ATTEST:
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
( SEAL)
/s/ Carlton McComb
Mayor
CITY OF PEARLAND, TEXAS
YOU WILL, THEREFORE, TAKE NOTICE of all matters and facts set out in the foregoing
notice and resolution.
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
ADJOURN:
Meeting adjourned 9:03 A. M.
MINUTES APPROVED AS SUBMITTED AND/OR CORRECTED THIS THt-''L,�DAY OF
A. D. 1975.
Q
Mayor
1�
ATTEST:
City Secretary